PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

DOCKET NO. CA 11-01890

SHAWN MCCARTHY, PLAINTIFF-APPELLANT-RESPONDENT, V CSX TRANSPORTATION, DEFENDANT-RESPONDENT-APPELLANT.

Defendant having moved for an extension of time to file and serve a respondent's brief and to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 19, 2010,

Now, upon reading and filing the affidavit of Matthew K. Pelkey, Esq., sworn to November 3, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal is granted to the extent that the first ordering paragraph of the order of this Court entered October 4, 2011, is hereby amended by deleting the date November 16, 2011, and inserting in its place the date December 16, 2011, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted to the extent that the second ordering paragraph of the order of this Court entered October 4, 2011, is hereby amended by deleting the date November 16, 2011, and inserting in its place the date December 16, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that the third ordering paragraph of the order of this Court entered October 4, 2011, is hereby amended by deleting the date December 1, 2011, and inserting in its place the date January 3, 2012.

Entered: November 18, 2011

Patricia L. Morgan, Clerk